PLANNING DECISION NOTICE

To: Mr Allan Key c/o Richard Mundy Building Design Ltd Travel House Buxton Road BAKEWELL Derbyshire DE45 1BZ

THIS NOTICE RELATES TO PLANNING CONTROL ONLY, ANY OTHER STATUTORY CONSENT MUST BE OBTAINED FROM THE APPROPRIATE AUTHORITY

TOWN & COUNTRY PLANNING ACTS & GENERAL DEVELOPMENT ORDER

In pursuance of the powers vested in the Peak District National Park Authority under the above Acts and Order, and with reference to your application for Full Planning Permission, details of which are as follows:

Office Code No. NP/DDD/0910/0908 Date received: 06 September 2010 Proposal: Alterations and extension. Replacement garage. Location: Hillhead Cottage Hill Head Bradwell Parish: Bradwell

THE DECISION

NOTICE IS HEREBY GIVEN THAT PERMISSION FOR THE PROPOSED DEVELOPMENT in the manner described on the application and shown on the accompanying plans and drawings is

REFUSED for the following reasons:

1. The existing property is a prominent end terrace dwelling that has previously been substantially and unsympathetically enlarged. The scale and massing of the extensions and garage building proposed in this instance unacceptably dominate the original building and its curtilage being detrimental to the buildings character and appearance as well as the character of the Conservation Area. This is contrary to Policies LC4, LC5(a), LC5(a)ii-iii, LH4(i-ii) of the Peak District National Park Local Plan, the National Park Authority’s adopted Design Guide (2007) and PPS5 Policy HE7.5.

2. The overall form of the extensions proposed and their relationship with the original pitched roof terrace row fail to reflect or complement the style and traditions of local buildings and would as a result appear out of keeping in the setting of the Conservation Area. The development is therefore considered contrary to Local Plan Policies LC4, LC5(a)-iii, LH4(i-ii) Peak District National Park Local Plan and the National Park Authority’s adopted design guidance relating to ‘Harmony in New Design’ (Para 3.11-3.22).

Signed

Date

Attention is called to the notes at the end of this Decision Notice STATEMENT OF APPLICANT’S RIGHTS ARISING FROM THE REFUSAL OF PLANNING PERMISSION OR FROM THE GRANT OF PERMISSION SUBJECT TO CONDITIONS

Please note, only the applicant possesses the right of appeal. You must use a Planning Appeal Form/Householder Appeal Form

Appeals to the Secretary of State

- If you are aggrieved by the decision of your local planning authority to refuse permission for the proposed development or to grant it subject to conditions, then you can appeal to the Secretary of State for Communities and Local Government under Section 78 of the Town and Country Planning Act 1990.
- If you want to appeal, then you must do so within 6 months of the date of this notice, using a form which you can get from the Planning Inspectorate at Customer Support Unit, Temple Quay House, 2 The Square, Temple Quay, Bristol BS1 6PN, telephone No. 0117 372 8000 or www.planning-inspectorate.gov.uk.
- The Secretary of State can allow a longer period for giving notice of an appeal, but he will not normally be prepared to use this power unless there are special circumstances which excuse the delay in giving notice of appeal.
- The Secretary of State need not consider an appeal if it seems to him that the local planning authority could not have granted planning permission for the proposed development or could not have granted it without the conditions they imposed, having regard to the statutory requirements, to the provisions of any development order and to any directions given under a development order.
- In practice, the Secretary of State does not refuse to consider appeals solely because the local planning authority based its decision on a direction given by him.

Householder Appeals

- The Planning Inspectorate launched a Fast Track Householder Appeal Pilot (FTHA) in January 2008. The aim of the process is to dramatically shorten the length of time it will to make a decision on a submitted appeal. The streamlined process aims to decide householder appeals in eight weeks. This is approximately six weeks quicker than previously.
- At the heart of the process is the ability to use the original application file held by the local planning authority in an electronic format for administering the appeal. The local planning authority will rely purely on their decision notice to defend the appeal together with any internal reports. They will not provide a formal appeal statement and will not attend the site visit. The Secretary of State can allow a longer period for giving notice of an appeal, but he will not normally be prepared to use this power unless there are special circumstances which excuse the delay in giving notice of appeal.
- The appellant will have 12 weeks from the date of the decision in which to submit an appeal and will need to send in an appeal statement with their appeal forms.
- Planning Inspectors will work entirely electronically, based on the electronic file provided by the local planning authority. The Inspector will visit the site alone, with the appellant present in some cases only to provide access to the site.
- Further information on the Fast Track Appeals scheme can be found at: www.planningportal.gov.uk

Online Appeals

- The planning inspectorate have introduced an online appeals service which you can use to make your appeal online. You can find the service through the Appeals area of the Planning Portal – see www.planningportal.gov.uk/pcs. The inspectorate will publish details of your appeal on the internet (on the appeals area of the Planning Portal). This may include a copy of the original planning application form and relevant supporting documents supplied to the local authority by you or your agent, together with the completed appeal form and information you submit to the Planning Inspectorate. Please ensure you only provide information, including personal information belonging to you that you are happy will be made available to others in this way. If you supply personal information belonging to a third party please ensure you have their permission to do so. More detailed information about data protection and privacy matters is available on the Planning Portal.

Purchase Notices

- If either the local planning authority or the Secretary of State for Communities and Local Government refuses permission to develop land or grants it subject to conditions, the owner may claim that he can neither put the land to a reasonably beneficial use in its existing state nor render the land capable of a reasonably beneficial use by the carrying out of any development which has been or would be permitted.

- In these circumstances, the owner may serve a purchase notice on the Council (District Council, London Borough Council or Common Council of the City of London) or, where the land is situated in a National Park, the National Park Authority for that Park in whose area the land is situated. This notice will require the Council or Authority to purchase his interest in the land in accordance with the provisions of Part VI of the Town and Country Planning Act 1990.